Calexico, CA asked in Child Custody, Child Support and Family Law for Arizona

Q: How can I have sole legal custody?

My ex husband and I we live in different states, I have two kids under the age of 3, I have joint custody with my ex husband and at the end of this year his is going to stop giving me child support because he is not going to have a job after the military for a while. I want sole legal decision because i want to enroll my daughter to school and he doesn't want to because it's going to take time away from him. Also, I want sole custody because I am the one who is going to be taking care of two kids and with no child support

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I'm going to presume because you posted this question in Arizona, that the case is in Arizona. If it is not in Arizona, ignore my answer entirely and contact a lawyer in the appropriate state.

Child Support - If it's court-ordered, it doesn't matter that he's leaving the military, he's still under a Court order to pay it. If he wants to change it, he can file to modify.

Legal Decision-making/Custody - Child support is unrelated to custody. Even if he doesn't pay child support, he still may be entitled to custody. In fact, I really don't see a reason in what you wrote that would justify it not being joint legal decision-making. Pre-school is important, but so is the child's relationship with the other parent. But they are also not exclusive. Certainly, a plan can be worked out that includes both pre-school and time with Father.

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